Can a Tenant be a Chairman of an Association Committee?

ISSUE: Sharon lives in a Unit with Jack but they are NOT married and her name is NOT on the deed. So in fact than what is she legally? a Tenant there? She gets all the use of the facilities, pool, trash, events, parking, etc, etc and have been for years. She tried to be on the Master Board but was thrown off when someone found out she did not own a unit.
She wanted to be on the Section 6 Board but wasn't an owner. Sooooooo

the story goes: The Board who were her friends put together a Advisory Committee and made her Chairwoman. Over the years the rest of the commitee has broken up but Sharon as remained as Chairwoman. Under this so called title she has been running our condo association with access to all the books, reports, monies, checks, you name it since noone else actually knows how to run the place since it is self managed. Her group of followers look at her like she is a God since she holds all the Power to all the paperwork, records, contacts, how to run the place & nonone on the Board cannot do anything without her input. If they don't do what she says, she simply withholds what they need to run the place or solve an issue.

We voted out the old Board & a new one was put in. The people that got in were the ones that Sharon suggested to be voted in. She even took control of the voting process. 3 Presidents resigned & I was forced/asked to resign after I becoming an acting President & wouldn't listen to Sharon. The old President just bought a Villa for $97,000 Cash...Hello!
And the sale was reported to Pasco Cty as $67,000 on the books. We know he paid $97,000. and he buys this a month after the people throw him off the Board.

Is there anyway to stop a Teanant from running an Condo Association?

"Is there anyway to stop a Teanant from running an Condo Association?"

What type of Fla Assn. are you? Condo, HOA, POA, Trailer, etc.

In all the [Fl] docs. I have seen there were no requirements for Committee members to be assn. members (owners).

In fact my current docs, say this in part about the ARC committee:
"...may be composed of three (3) or more representatives appointed by the Board".

Notice there is no mention of the representatives having to be owners.

So unless your docs. preclude then I would say... YES, a Tenant can be a Chairman of an Association Committee.

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"Under this so called title [Chairman] she has been running our condo association with access to all the books, reports, monies, checks, you name it since noone else actually knows how to run the place since it is self managed."

Furthermore, what the BOD or other directing body allows a committee or "chairman" to do, or not to do, would also be found in your docs.

So if your docs. are 'silent' on these points then the BOD does not appear to be abusing its authority. Ultimately they (BOD) are the responsible officers or directors.

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The financial issues your raised are not of the HOAs concern. Try to avoid such gossip.

You didn't like the way the old board was running things and voted them out.
Then you elected a new board. Good. this is the process that should be used.

Were you part of the recall committee or just a member following the lead of others?


You didn't ask who they were?

This may have been part of the issue with the old board, the members were unaware of who they were voting in.


Someone needed to preside at the meeting and be the election official.

Did you volunteer to help or count votes?

Ideally, the Board who was being recalled should have ran the meeting. However, this doesn't always happen, and the recall committee runs the meeting.


Are you now off the board or still on it?

Did you resign your seat as a Director or just as an Officer (they are two different things)?


If you suspect misuse of Association funds, an audit should be done (this can cost a lot (10K plus) but will be worth it).
Once you have proof of misuse of funds, make a report to the attorney general.

If you have proof (i.e. paper documentation) of a different sale amount, report it to the county.


Your best chance to stop this was when you (and the others who resigned) were on the Board.
This is because majority vote wins. The Board could have passed a resolution to bring to the membership for a vote to amend the bylaws stipulating all Directors must be members of the Association (i.e. owners).

Unfortunately, per your post, everyone resigned. Therefore, the only other recourse is to go through the recall process again or wait and vote them out at the next election.

Hi Doris!

The Florida statutes (Chapter 718) are specific as to the composition of a committee...... see definitions...

(7) “Committee” means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the proposed annual budget or to take action on behalf of the board.

HTH,
Ann

No.... the new ruling is that a board member MUST be chairperson of any formed committee.

Doris, please only take into account statutes in your state, which is not OK.